Relating to the applicability of certain safety provisions and regulatory fees administered by the Railroad Commission of Texas to gas distribution pipelines.
CriticalImmediate action required
Low Cost
Effective:2025-06-22
Enforcing Agencies
Railroad Commission of Texas (RRC)
01
Compliance Analysis
Key implementation requirements and action items for compliance with this legislation
Implementation Timeline
Effective Date: June 22, 2025 (Immediate effect due to supermajority vote).
Compliance Deadline:June 30, 2025 for Master Metered System operators to pay annual fees; March 15, 2026 for Distribution System operators to file annual reports and pay service line fees.
Agency Rulemaking: The RRC must update administrative codes and payment portals to recognize non-natural gas operators. A "regulatory gray zone" exists between June 22 and June 30, 2025, where the legal obligation to pay exists, but the agency's digital infrastructure may not yet be ready to receive it.
Immediate Action Plan
Immediate: Conduct a census of all master meters and service lines to determine fee liability.
Immediate: Update billing software to include the "RRC Safety & Regulatory Fee" line item for the next billing cycle.
By June 25, 2025: Contact RRC Oversight and Safety Division to establish an account number if you are a Master Meter operator.
Q3 2025: Review liability insurance policies to ensure coverage extends to RRC-regulated operations and administrative penalties.
Operational Changes Required
Contracts
Customer Service Agreements: Review "Taxes and Fees" clauses. You must ensure language permits the pass-through of "regulatory surcharges mandated by state law."
Fixed-Rate Contracts: Invoke "Change in Law" provisions to apply the new RRC safety fee surcharge.
Hiring/Training
Safety Standards: Staff must be trained on 49 CFR Part 192 (federal pipeline safety standards adopted by Texas), as the statutory change implies RRC safety enforcement now extends fully to these systems. Compliance with NFPA 58 alone may no longer be sufficient for liability protection.
Reporting & Record-Keeping
Service Line Census: Operators must maintain an auditable count of all service lines to calculate the Distribution System fee.
Annual Filing: Prepare to file the Distribution Annual Report (Form RSPA F7100.1-1) annually by March 15.
Tax Accounting: Configure accounting software to segregate the RRC surcharge. This revenue is legally exempt from municipal franchise fees, state gross receipts taxes, and sales tax; commingling these funds will result in tax overpayment.
Fees & Costs
Distribution Systems: A fee not to exceed $1.00 per service line, due annually.
Master Metered Systems: A fee not to exceed $100.00 per system, due annually.
Mandatory Recovery: The law requires that operators *shall* recover these fees from customers via a surcharge. This is a mandatory pass-through, not an optional operating expense absorption.
Strategic Ambiguities & Considerations
The "Gap" Week: With the law effective June 22 and Master Meter fees due June 30, the RRC portal may not be updated to accept payments from non-natural gas entities. Operators should document attempts to pay to avoid penalties.
Definition of "Gas": By removing "natural," the statute technically applies to *any* gas distribution via pipeline (e.g., hydrogen blends, biogas). Operators of alternative fuel micro-grids should assume jurisdiction applies until the RRC issues narrowing rules.
Enforcement Rigor: It is unclear if RRC inspectors will immediately apply natural gas audit standards to propane systems. However, payment of the fee establishes jurisdiction, making non-compliance with safety standards *negligence per se* in civil litigation.
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Under current law, the Railroad Commission of Texas (RRC) may regulate the safety of gas pipeline systems and collect annual safety and regulatory fees from operators of these systems. The bill author has informed the committee that the relevant sections dealing with the pipeline safety refer only to "natural gas" distribution pipelines and pipeline facilities in key definitions and regulatory provisions and do not include propane distribution systems. H.B. 4042 seeks to address this issue by removing the term "natural" from various definitions and provisions to ensure that propane gas distribution systems fall under the RRC's pipeline safety oversight and fee collection authority.
CRIMINAL JUSTICE IMPACT
It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.
RULEMAKING AUTHORITY
It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.
ANALYSIS
H.B. 4042 amends the Utilities Code to remove the specification that gas is natural gas with respect to the following:
·gas distribution pipelines, gas master metered pipelines, gas distribution systems, and gas master metered systems whose operators may be subject to annual pipeline safety and regulatory fees; and
·a distribution gas pipeline facility subject to statutory provisions relating to the installation, removal, and replacement of certain pipelines and statutory provisions relating to pipeline incident reporting and records.
Honorable Drew Darby, Chair, House Committee on Energy Resources
FROM:
Jerry McGinty, Director, Legislative Budget Board
IN RE:
HB4042 by Morales, Eddie (Relating to the applicability of certain safety provisions and regulatory fees administered by the Railroad Commission of Texas to gas distribution pipelines.), As Introduced
No significant fiscal implication to the State is anticipated.
It is assumed that any revenue implications associated with the bill would be insignificant.
Local Government Impact
No fiscal implication to units of local government is anticipated.
Source Agencies: b > td >
304 Comptroller of Public Accounts, 455 Railroad Commission
LBB Staff: b > td >
JMc, RStu, MW, JOc
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HB4042 expands the Railroad Commission of Texas (RRC) jurisdiction by removing the "natural" gas qualifier from the Utilities Code, effectively subjecting propane and other non-natural gas distribution systems to state safety fees and reporting requirements. Operators of propane distribution pipelines and master-metered systems (e. g.
Q
Who authored HB4042?
HB4042 was authored by Texas Representative Eddie Morales during the Regular Session.
Q
When was HB4042 signed into law?
HB4042 was signed into law by Governor Greg Abbott on June 22, 2025.
Q
Which agencies enforce HB4042?
HB4042 is enforced by Railroad Commission of Texas (RRC).
Q
How urgent is compliance with HB4042?
The compliance urgency for HB4042 is rated as "critical". Businesses and organizations should review the requirements and timeline to ensure timely compliance.
Q
What is the cost impact of HB4042?
The cost impact of HB4042 is estimated as "low". This may vary based on industry and implementation requirements.
Q
What topics does HB4042 address?
HB4042 addresses topics including fees & other nontax revenue, fees & other nontax revenue--state, safety, utilities and utilities--general.
Legislative data provided by LegiScanLast updated: November 25, 2025
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